Legal Question in Real Estate Law in Massachusetts

Property size

I purchased property with a residential building. The town assessors,& surveyors say the property is 9022 sq. ft., but this would include the driveway and part of the house next door. If this is true can I claim this property. If I can,t claim the property can I claim the back taxes that have been overpaid all these years. The last survey was in 1982 & the deed says the property is 9022 sq. ft.


Asked on 3/31/04, 9:10 pm

1 Answer from Attorneys

Re: Property size

There are two different issues in your question, the first relates to what do you own and the second is what taxes are you entitled to get back.

First, you should look at the Survey of your property that you got when you purchased it. You might even want to speak to the Surveyor. If it appears the property is larger than you thought, then you should contact an attorney with respect to how to proceed next.

As to your property taxes, if your lot is really smaller than 9022 sq. ft., then file an objection with the assessors office and take them a copy of your survey. If you have been improperly assessed, the town should correct its records and issue a credit. If not, then contact a lawyer and proceed expeditiously. However, there is a statute of limitations on how far back you may recover taxes and in this case, they will be somewhat protected by relying upon the deed you accepted.

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Answered on 4/01/04, 3:47 pm


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